金融机构反洗钱规定-en.pdf

《金融机构反洗钱规定-en.pdf》由会员分享，可在线阅读，更多相关《金融机构反洗钱规定-en.pdf（6页珍藏版）》请在淘文阁 - 分享文档赚钱的网站上搜索。

1、 Order of the Peoples Bank of China No.1 The Provisions on Anti-money Laundering through Financial Institutions,which was instituted by the Peoples Bank of China under the Anti-money Laundering Law of the Peoples Bank of China,Law of the Peoples Republic of China on the Peoples Bank of China and oth

2、er laws,has been adopted at the 25th executive meeting of the president of the Peoples Bank of China on November 6,2006,are hereby promulgated and shall go into effect as of January 1,2007.Present of the Peoples Bank of China,Zhou XiaochuanNovember 14,2006 Provisions on Anti-money Laundering through

3、 Financial Institutions Article 1 With a view to preventing money laundering activities,regulating anti-money laundering supervision and administration acts and anti-money laundering work of financial institutions,and maintaining the financial order,the present Provisions are formulated according to

4、 the Anti-money Laundering Law of the Peoples Republic of China,Law of the Peoples Republic of China on the Peoples Bank of China and other relevant laws and administrative regulations.Article 2 The present Provisions shall be applicable to the following financial institutions established within the

5、 territory of the Peoples Republic of China according to law,(1)commercial banks,urban credit cooperatives,rural credit cooperatives,postal savings agencies,policy banks;(2)securities companies,futures brokerage companies,fund management companies;(3)insurance companies,insurance asset management co

6、mpanies;(4)affiance investment companies,financial asset management companies,finance companies,financial leasing companies,auto financing companies,currency brokerage companies;and(5)other financial institutions determined and announced by the Peoples Bank of China.The present Provisions regarding

7、the anti-money laundering supervision and administration through financial institutions shall be applied to institutions undertaking foreign exchange,payment and settlement businesses and sale of funds.Article 3 The Peoples Bank of China shall be the administrative department for anti-money launderi

8、ng of the State Council,which shall supervise and administer the anti-money laundering work of financial institutions under law.China Banking Regulatory Commission(hereafter referred to as CBRC),China Securities Regulatory Commission(hereafter referred to as CSRC)and China Insurance Regulatory Commi

9、ssion(hereafter referred to as CIRC)shall,in light of their respective functions,exercise their duties of anti-money laundering supervision and administration.During the process of performing its functions of anti-money laundering,the Peoples Bank of China shall cooperate with the relevant departmen

10、ts,institutions,judicial organs of the State Council.Article 4 The Peoples Bank of China shall,in pursuance of the authorization of the State Council,develop international cooperation in respect of anti-money laundering on behalf of the Chinese Government.The Peoples Bank of China may establish coop

11、eration mechanism with anti-money laundering institutions of other countries or regions and carry out transnational anti-money laundering supervision and administration.1/6 Article 5 The Peoples Bank of China shall fulfill the following functions of anti-money laundering supervision and administrati

12、on,(1)instituting regulations on anti-money laundering through financial institutions solely or jointly with the CBRC,CSRC and CIRC;(2)taking charge of monitoring on anti-money laundering of funds in RMB and in foreign currencies;(3)supervising and inspecting the performance of anti-money laundering

13、 obligations by financial institutions;(4)investigating the doubtful transactions within its scope of functions;(5)making report to the investigation organ on any transaction involved in any anti-money laundering crime;(6)exchanging the relevant anti-money laundering information and materials with o

14、verseas anti-money laundering institutions according to relevant laws and administrative regulations;and(7)other functions as prescribed by the State Council.Article 6 The Peoples Bank of China shall establish China Anti-money Laundering Monitoring and Analyzing Center,which shall exercise the follo

15、wing functions under law:(1)accepting and analyzing reports on large-sum transactions in RMB or in foreign currencies,and reports on doubtful transactions;(2)establishing a national anti-money laundering database to properly preserve the information on large-sum transactions and doubtful transaction

16、s as reported by financial institutions;(3)making reports on the analysis results to the Peoples Bank of China according to the relevant provisions;(4)requiring financial institutions to timely supplement and correct the reports on large-sum transactions in RMB or in foreign currencies as well as on

17、 doubtful transactions;(5)exchanging information and materials with relevant overseas institutions upon approval of the Peoples Bank of China;and(6)other functions as prescribed by the Peoples Bank of China.Article 7 The Peoples Bank of China and its functionaries shall keep confidential of the info

18、rmation that they have obtained during the process of fulfilling the anti-money functions,and may not provide the said information externally in violation of provisions.China Anti-money Laundering Monitoring and Analyzing Center and its functionaries shall keep confidential the clients identity mate

19、rials and information on large-sum transactions and doubtful transactions,which have been obtained during the process of fulfilling their anti-money laundering functions,and may not provide the aforesaid materials or information to any entity or individual unless it(he)is required to do so by law.Ar

20、ticle 8 Financial institutions or its branch institutions shall establish a sound internal control system of anti-money laundering under law,establish a special anti-money laundering department or designate an internal department to be responsible for the anti-money laundering work,formulate interna

21、l operating procedures and control measures for anti-money laundering and conduct training on the staff members in anti-money laundering so as to enhance the anti-money laundering capability.The person-in-charge of a financial institution or its branch shall be responsible for the effective implemen

22、tation of the internal control rules of anti-money laundering.Article 9 Financial institutions shall establish and implement client ID identifying system according to relevant provisions.(1)Identifying the ID of any client who requires to establish the business relationship or transacts an one-off f

23、inancial business above the prescribed amount,requiring the client to show its(his)genuine and valid identity certificate or any other identity certification document,checking against and registering it,and timely 2/6 updating the clients ID information if it is changed;(2)realizing the purpose and

24、nature of the transaction of the client and effectively identify the beneficiary of the transaction;(3)re-identifying the ID of the client if it finds any evidence of abnormity or if it has any doubt about the genuineness,validity and completeness of the clients identity materials it has obtained;an

25、d(4)guaranteeing that any overseas financial institution,with which it has an agency relationship or similar relationship,can effectively identify the ID of clients and may obtain the clients identity information from the said overseas financial institution.The concrete implementation measures as pr

26、escribed in the preceding paragraph shall be formulated by the Peoples Bank of China in conjunction with the CBRC,CSRC and CIRC.Article 10 Financial institutions shall,within the prescribed time limit,properly preserve the clients identity materials,as well as the relevant materials which can reflec

27、t each transaction,such as the data,business vouchers,account books and etc.The concrete implementation measures as prescribed in the preceding paragraph shall be jointly formulated by the Peoples Bank of China and the CBRC,CSRC and CIRC.Article 11 Financial institutions shall make reports to China

28、Anti-money Laundering Monitoring and Analyzing Center on any large-sum transaction in RMB or in a foreign currency or on any doubtful transaction.The concrete implementation measures as mentioned in the preceding Paragraph shall be formulated by the Peoples Bank of China separately.Article 12 The Pe

29、oples Bank of China shall,jointly with the CBRC,CSRC and CIRC,direct the self-disciplinary organization of the financial sector to formulate guidelines on the anti-money laundering work.Article 13 Where any financial institution finds any suspected crime during the process of fulfilling the anti-mon

30、ey laundering obligations,it shall timely report it to the local branch of the Peoples Bank of China and to the local public security organ.Article 14 Financial institutions and their staff members shall assist the judicial organ and administrative law enforcement organ to crack the money laundering

31、 activities.Overseas branch institutions of financial institutions shall keep to the anti-money laundering provisions of the countries or regions where they are located and cooperate with the anti-money laundering institutions of the countries or regions.Article 15 Financial institutions and their s

32、taff members shall keep confidential the clients ID materials and transaction information that they have access to during the process of fulfilling the anti-money laundering obligations,and may not provide any material or transaction information any entity or individual unless it is provided for in

33、any law.Financial institutions and their staff members shall keep confidential the anti-money laundering information on reporting doubtful transactions and assisting the Peoples Bank of China to investigate doubtful transactions,and may not violate the provisions to provide such information to its c

34、lients or any other person.Article 16 A financial institution or any of its staff members,who makes any report of large-sum transaction or doubtful transaction,shall be protected by law.Article 17 Financial institutions shall,in accordance with the provisions of the Peoples Bank of China,submit the

35、anti-money laundering statistical statements,information materials as well as the anti-money laundering contents in the audit reports.3/6 Article 18 The Peoples Bank of China and its branch institutions may,in light of the demands for fulfilling the anti-money laundering functions,take the following

36、 measures to carry through on-the-spot anti-money laundering inspections:(1)to carry through the inspection by entering into a financial institution;(2)to inquire the staff members of a financial institution about the relevant information and require them to make explanations on the inspection items

37、;(3)to consult and copy the documents and materials related to inspection items of a financial institution,and seal up and preserve the documents and materials that are likely to be moved away,destroyed,concealed or altered;and(4)to check the system by which a financial institution mange the busines

38、s data through computer.The Peoples Bank of China or any of its branch institutions shall,before conducting an inspection on the spot,fill out an examination and approval form for on-the-spot inspection,which shall state the inspection object,contents,time arrangement,etc.and which may not be implem

39、ented until it is approved by the person-in-charge of the Peoples Bank of China or of its branch.To conduct an on-the-spot inspection,there shall be not less than 2 inspectors,who shall show their law enforcement certificates and inspection notices.In case the number of inspectors is less than 2,or

40、the inspectors fail to show their law enforcement certificates or inspection notice,the financial institution shall be entitled to reject the inspection.The Peoples Bank of China or its branch shall,after an on-the-spot inspection,make a written document of opinions on the on-the-spot inspection,aff

41、ix its seal to it and serve it on the institution inspected.The inspection information,evaluation,improvement suggestions and measures shall be included therein.Article 19 The Peoples Bank of China or any of its branch institutions may,in light of the demands for performing the anti-money laundering

42、 functions,make conversations with the directors and senior managers of the financial institution and require them to make explanations on the important items in respect of the financial institutions fulfilling the anti-money laundering obligation.Article 20 After the Peoples Bank of China conducts

43、an on-the-spot inspection over a financial institution,it may,where it is necessary,notify the CBRC,CSRC and CIRC of the inspection result.Article 21 Where the Peoples Bank of China or any of its branch institutions at the provincial level finds any doubtful transaction and needs to investigate and

44、verify it,it may consult the clients account,transaction records and other relevant materials on financial institution.The financial institution and its staff members shall be cooperative.The term“the Peoples Bank of China or its branch institutions at the provincial level”includes the headquarters

45、of the Peoples Bank of China,Shanghai Headquarter of the Peoples Bank of China,the branches,business departments,central sub-branches in provincial capitals and central sub-branches in deputy-provincial cities.Article 22 When the Peoples Bank of China or any of its branch institutions at the provinc

46、ial level investigates any doubtful transaction,it may inquire the staff members of the financial institution on the relevant information and require them to make explanations about the inspection items,consult and copy the financial institutions documents and materials related to the inspection ite

47、ms,and seal up and preserve the documents and materials that are likely to be moved away,destroyed,concealed or altered.To investigate a doubtful transaction,there shall be not less than 2 inspectors,who shall show their law enforcement certificates and the investigation notice issued by the Peoples

48、 Bank of China or its branch 4/6 institution at the provincial level.The consultation,copying or sealing up of the clients account information,transaction records and other relevant information on the financial institution under investigation shall be subject to the approval of the person-in-charge

49、of the Peoples Bank of China or of its branch institution at the provincial level.In case any of the investigators violates the prescribed procedures,the financial institution may have the right to reject the investigation.Inquiry notes shall be made for inquiries and shall be delivered to the inter

50、viewees for verification.Where there is any omission or error,the interviewees may request for supplement or correction.After the interviewees confirm the transcripts as inerrant,they shall affix their signatures or seals to the notes,so do the investigators.When sealing up any document or material